Terms of Service

These terms and conditions for use of the Thieves in Elysium (the “Game”) constitute a legal agreement and are entered into by and between you and Cloaked Realm Games Ltd. (“Cloaked Realm Games,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate (“Terms and Conditions”) govern your access to and use of, including any content, functionality, and services offered on or through https://thieves-in-elysium.manakeep.com (the “Website”).

By downloading the Game, you accept and agree to be bound and comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not download the Game. 

By using this Website or downloading Thieves in Elysium, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with Cloaked Realm Games and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not download the Game. 

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modification are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

The information and material in Thieves in Elysium may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period. 

Accepting the Terms and Conditions allow you to download and play the Game and interact with other players.

The Game requires user registration. You have the option to create your account with a username and password, or us a third party to link your account, such as Facebook or Google. You may stop using your account at any time. 

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Game. Users are required to ensure that all persons who download the Game through a user’s internet connection are aware of these Terms and Conditions and comply with them. It is a condition of downloading the Game that all the information you provide is correct, current and complete. 

Transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Game. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 

Your provision of registration information to this Website constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://thieves-in-elysium.manakeep.com/privacy-policy

Any username, password, or other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the Game or portions of it using your username, password, or other security information. You agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Once notified, Cloaked Realm Games will suspend or otherwise secure you user account to prevent further unauthorized activity. 

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. 

You are prohibited from attempting to circumvent and from violating the security of the Gane including, without limitation: 

You are not permitted to create multiple accounts. If you create more than one account, Cloaked Realm Games may suspend or terminate your access to the Game. Cloaked Realm Games may also report your conduct to relevant third parties with whom you have multiple accounts. 

Accounts made with third parties have separate privacy agreements, terms of services, and notices. We strongly encourage you to review those terms thoroughly. Cloaked Realm Games does not review and is not responsible for the terms or content posted on other websites or devices.

2. Confidentiality

Cloaked Realm Games does not guarantee the confidentiality of any communications made between you and the Game and the Website. Further, Cloaked Realm Games does not guarantee the confidentiality of any content you load, transmit, post or enter into the Game or Website. 

3. Limited License

Cloaked Realm Games grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, license to download, install, access and use the Game solely for your own personal use on any device you own or control. You may not use the Game for other purposes whether express or implied. Cloaked Realm Games reserves the rights not expressly licensed to you under this Agreement. 

4. Restrictions

You must not: 

5. Thieves in Elysium

All trademarks, copyrights, database rights and other intellectual property rights related to the Game belong to Cloaked Realm Games.

Cloaked Realm Games will not take responsibility for certain functions of the game that require the Game to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider. However, Cloaked Realm Game cannot and will not take responsibility for the Game not working at full functionality if you do not have access to Wi-Fi, and you do not have any data allowance on your mobile device. 

If you are using the Game outside of an area with Wi-Fi, the terms of this agreement with your mobile network provider continue to apply. You may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the game, or other third-party charges. In using the Game, you are accepting responsibility for any such charges, including roaming data charges if you use the game outside of your home territory (i.e. region or country) without turning off data roaming. If you are not individual who pays the charges for your mobile device you use for the Game (the “Bill Payer”), please be aware that we assume that you have received permission from the Bill Payer for using the Game. 

6. Updates to Thieves in Elysium

We may update the Game from time to time. The Game is currently available on Android & iOS. The requirement for both of these systems (and any additional systems we decide to extend the availability of the game to) may change, and you will need to download the updates if you want to continue playing the Game. 

Cloaked Realm Games does not warrant or guarantee that it will always update the Game so that it is relevant to you and/or works with the Android & iOS versions that you have installed on your device. You must always accept the updates to Thieves in Elysium when offered.

Cloaked Realm Games may stop providing the Game and may terminate use of the Game at any time without notice of termination to you. Unless otherwise notified, upon termination:

6. Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, including the Game, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights

 Cloaked Realm Games, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Cloaked Realm Games or its affiliates or licensors. You must not use such marks without the prior written permission of Cloaked Realm Games. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

 You may only use the Game for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Game, in any form or medium whatsoever except: 

 Users are notpermitted to modify copies of any materials the game nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Game or any services or materials available through the Game.

 If you print off, copy, or download any part of the Game in breach of these Terms and Conditions, your right to download the Game will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Game, or to any content in the Game, and all rights not expressly granted are reserved by Cloaked Realm Games. Any use of the Game not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

7. Digital Goods, Currency, and Entitlements

This Game includes virtual in-game currency (“Digital Currency”) and virtual items (“Digital Goods”), which, where permitted by law, may be earned by users or purchased with real money. 

When you obtain Digital Currency or a Digital Goods, you receive a personal limited, non-exclusive, revocable license to access and use the Digital Currency or Digital Goods. The Digital Currencies and Digital Goods may not be assigned to anyone else. Digital Currency and Digital Goods are made available to you in the Game except as prohibited by law. The price and value of the Digital Currency and Digital Goods in the Game may be modified by Cloaked Realm Games at any time in its sole discretion and without notice. 

Cloaked Realm Games may send users prizes in the form of Digital Currency or Digital Goods, or other in-game rewards (“Rewards”). Such Reward may vary in size and value. Cloaked Realm Games reserves the right to award, refuse to award, and to revoke any prizes, in its sole discretion and without notice, subject to applicable laws. 

Digital Currency, Digital Goods, and Rewards remain the property of Cloaked Realm Games. Digital Currency, Digital Goods and Rewards do not have monetary value outside of the Game and may not be sold, traded, transferred or exchanged for real money or non-virtual or virtual goods or services outside of the Game. 

Purchasing Digital Currency or Digital Goods is final. Subject to applicable law, you may not refund any unused Digital Currency, Digital Goods or Rewards. This applies even in the event your account is suspended or otherwise closed. 

8. Privacy

 By submitting your personal information to the Game, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://thieves-in-elysium.manakeep.com/privacy-policy as we deem necessary for use of the Website and game. 

Cloaked Realm Games may collect information respecting crash reports. This may involve collecting information from your device. Crash reports may include device state information, unique device identifiers, system and driver data, gameplay logs, device specifications, location data, usage data, language, and email address. 

Cloaked Realm Games may also collect usage metrics, such as win rates, for both individuals players and different roles within the Game. 

The Game stores and processes personal data that you have provided in order to provide our service. It is your responsibility to keep your phone and access to the game secure. Therefore, we recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it may cause the Game to not work properly, or at all. 

9. License to Grant to Data you Provide

You grant to Cloaked Realm Games a perpetual, transferrable, irrevocable, royalty-free, and fully sub-licensable license to access, collect, store, use, reproduce, modify, create derivative works, publicly perform or display or otherwise transmit and communicate, in part or in whole. In any manner or form and in any medium or forum, any content, reviews, questions, comments, suggestions, records, and files that you load, transmit post or enter into the Game; or Cloaked Realm Games collects from third parties with your permission. 

You also grant all other users of the Game the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate or distribute your content on or through the Game without notice, attribution, or compensation to you. 

You represent and warrant that you have the right to distribute and reproduce content, including but not limited to information, material, image, text, video, sound, post, comment, profile, graphic, persona, code, data, media, and to grant the license that you have granted above. You hereby waive all your moral rights in the content for the benefit of Cloaked Realm Games and its successors, assigns and licensees. 

10. Third Parties

The Game may contain third party content, such as advertisements, incorporated services provided by third parties, and links to third parties website, applications or games. These are provided solely for convenience and are not sponsored by or associated with Cloaked Realm Games. Information and content received by third parties are not endorsed and their quality, reliability, completeness and currency is not guaranteed and not within the control of Cloaked Realm Games. 

11.  Geographic Restrictions

 Cloaked Realm Games is based in British Columbia in Canada. If you access the Game from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

12. Disclaimer of Warranties

 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE GAME, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE GAME IS AT YOUR OWN RISK. THE GAME, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE GAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 CLOAKED REALM GAMES DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE GAME OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE GAME, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE GAME WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

13. Limitation on Liability

 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CLOAKED REALM GAMES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

14. Indemnification

 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cloaked Realm Games from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Game and products other than as expressly authorized in these Terms and Conditions.

15.  Governing Law and Choice of Forum

 The Game and these Terms and Conditions will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. 

 Any action or proceeding arising out of or relating to the Game and under these Terms and Conditions will be instituted in the courts of the British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

16. Waiver 

 No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

17. Severability

 If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

18. Entire Agreement

 The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Cloaked Realm Games regarding the Website, Thieves in Elysium and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 

19. Term and Termination

This Agreement begins when you first use the Website or download the Game and will continue unless otherwise terminated. Cloaked Realm Games may immediately terminate this Agreement or remove your access to the Game if you breach any term or condition of this Agreement. 

Cloaked Realm Games may terminate this Agreement without notice and remove your access to the Game if:

You may terminate this Agreement by removing the Game and stopping all use of the Website. Upon terminating this Agreement, you will immediately stop using the Website and delete the Game from your devices, along with all copies of the Game in your possession or control. 

20. General

This Agreement is supersedes all prior agreements between you and Cloaked Realm Games. 

This Agreement is binding on the parties, their successors, administrators, heirs, and assigns. 

You may not assign this Agreement or the rights under this Agreement. Cloaked Realm Games may assign this Agreement and its rights under this Agreement without your consent. 

The failure of either party to insist upon the strict performance of the other party will not be construed as a waiver of that party’s rights. The written agreement, signed by all parties, is required for any amendments to this Agreement or consent to breaches or defaults of this Agreement. 

By using the Website or the Game, you consent to receiving electronic communications from Cloaked Realm Games. 

Any electronic communications to you from Cloaked Realm Games related to the Game or the Website, including but not limited to notices, agreements, disclosure, satisfy any legal communication requirements.

21. Reporting and Contact

 All notices of copyright infringement claims should be sent to Cloaked Realm Games at cloakedrealmgames@gmail.com

 Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at cloakedrealmgames@gmail.com 

 All other feedback, comments, questions, requests for technical support, and other communications relating to the Game or the Terms and Conditions should be directed to cloakedrealmgames@gmail.com

 DATE: August 3, 2024